Corpus Christi, Texas Businesses Use Cohn Legal for Trademark Services
Abe Cohn is the Managing Partner of Cohn Legal, PLLC. Abe loves advising his clients on a variety of intellectual property law matters, litigating trademark disputes, and managing various corporate transactional work. Serving clients in Corpus Christi, Texas, Abe specializes in working with startups and entrepreneurs and relishes the opportunity to help companies build something from scratch.
Top 8 Questions Texas Businesses Have About Obtaining a Trademark
What is a trademark?
A registered trademark is a word, logo, slogan, or design that enables consumers to identify the company that produced the product or offers the service.
How do I register a federal trademark?
If you want a registered trademark, you need to first submit a trademark application to the United States Patent and Trademark Office, or USPTO.
The examining attorney at the USPTO will review the application and search the USPTO database to identify any trademarks that are similar to the trademark you’re attempting to register. If no similar marks are found, your application gets approved for publication in the USPTO’s Official Gazette for a 30-day period. During that 30 days, an individual can oppose your application if they feel that your trademark infringes upon theirs. Assuming no oppositions come forward, your trademark will be approved for final registration.
Will hiring an attorney improve my chances of having my trademark application approved?
Hiring a trademark attorney can increase your chances of getting your trademark application approved. A skilled attorney knows the process and what the USPTO is looking for. Prior to completing the application, your attorney will conduct a thorough search to ensure no marks similar to your desired mark exist. Should your initial application get rejected, your attorney will know how to respond to the USPTO.
Bottom line: A trademark attorney is your advocate and will fight hard for your rights as a business owner to trademark your intellectual property.
I’m selling my product without a registered trademark. Is that OK?
You actually don’t need a trademark to start selling your products. It’s not required that you register your trademark.
However, any trademark attorney would advise you to get your trademark registered as soon as possible. Using an unregistered trademark opens you up to all kinds of risks. Someone else might start using the mark without your permission. They may even register your trademark for themselves. If you are serious about creating a successful business, then you need to register your trademark sooner rather than later.
Will my trademark ever expire?
The good news is that your trademark will never expire if you continue to use the mark in commerce and meet the renewal deadlines set forth by the USPTO. You’ll have to first renew the trademark between the fifth and sixth year of your original trademark registration, then again about 5 years after that. All subsequent renewals are required every 10 years after that.
Why does the USPTO ask for a specimen?
A specimen is basically a sample of how you are actually using your trademark in commerce. It’s submitted to the USPTO as part of your application.
If you sell products, then a specimen could be a label, packaging, or a picture of your product. If you are selling a service, then you can submit flyers, brochures, sell-sheets, website screenshots, or any other type of marketing material. Speak to a trademark attorney if you have any doubts about what an acceptable specimen might be.
I’m not yet selling anything yet, but I intend to. Can I still submit a trademark application?
Yes, the USPTO allows you to file a trademark before you are ready to start selling your product or service. Start by completing and sending an Intent-To-Use (ITU) trademark application to the USPTO. If the ITU application has been accepted, you’ll receive a Notice of Allowance (NOA) and have 6 months to submit your Statement of Use, which is basically proof that you’re selling your goods. If at the end of 6 months you’re still not ready to start selling, you can file for a 6-month extension. You can file up to 5 extensions.
How much does it cost to register a trademark?
The cost to register a trademark is a function of the Government filing fees associated with filing a trademark in addition to the legal service fees charged by a trademark attorney. The USPTO charges a flat fee of either $250.00 or $350.00 PER CLASS OF GOODS. This means that the USPTO doesn’t charge the applicant, per trademark, but rather according to how many different types of goods/services the applicant intends on selling under the trademark. At Cohn Legal, PLLC, the cost is a flat fee of $650, which covers a full legal consultation, an analysis of your trademark’s inherent eligibility based on its distinctiveness, a full TM search in the USPTO database, and all of the logistical work involved in preparing and filing the trademark application.
Why Trademark Registration Matters for Corpus Christi Businesses
Corpus Christi is a gorgeous city because of its gorgeous beaches, friendly people, a wide variety of entertainment options, and all-around great weather.
When it comes to finding locations to start a new business venture, you can’t do much better than Corpus Christi. Entrepreneurs in the city know that there’s a lot of work that goes into starting and running a successful business. However, they need to make sure that they register their trademarks before they invest too much time or money into their business.
Imagine the following: Lucia has been making fresh fruit juices and smoothies for her friends for years. They constantly tell her to go into business for herself and she finally decides to do it. She purchases a small food cart and outfits it with everything she needs to make her delicious smoothies and juices.
Lucia calls her new business Corpus Christi Smoothies and creates a website, paints the name on her cart, and starts advertising on social media. She Googles the name Corpus Christi Smoothies and doesn’t get any matches so she assumes she’s free to use the name.
Lucia travels around downtown Corpus Christi selling her smoothies to residents and tourists. After 2 months in business, she’s making more money than she anticipated.
Unfortunately, Lucia soon gets a cease-and-desist letter in the mail. There’s a large beverage company in California that has trademarked the name Corpus Christi Smoothies for a new product they are launching in the next 6 months. The name never would have come up in a Google search because the product isn’t on the market yet. They are well within their rights to ask Lucia to shut down her smoothie cart.
Now Lucia must consider rebranding everything and starting over. That’s an expensive and time-consuming proposition. If Lucia had worked with a trademark attorney from the start, the attorney would have discovered the trademark and she could have chosen a new name before she invested so much time and money into her business.
Whether you’re just starting to write your business plan or you’ve been selling your products and services for a while, the time to register your trademark is now.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.
**Cohn Legal, PLLC is not located in Corpus Christi and yet it can assist businesses from Texas in registering a federal trademark because trademarks are governed under federal law.
Trademarks Services for Corpus Christi Businesses
Submit Your Trademark
Now in 4 Easy Steps
TRADEMARK INFORMATION
Complete the Trademark Registration Form.
PRELIMINARY SEARCH
Our IP Attorneys will run a search of your trademark in the USPTO.
TM APPLICATION
We draft your TM Application and send it to you for your Review.
USPTO
We File the Application with the USPTO.